Right. That’s the point. Sorry for not making this clear earlier. Saying
that it’s more than 14 days old doesn’t set any precedent, and in general I
think the merits should be addressed if possible. That’s why I was talking
about precedents earlier. For instance, I don’t want a case to be decided
on the basis “well, this was ambiguous, so UNAWARE”, I want there to be an
incentive to have a CFJ and figure out whether it was actually ILEGAL. The
things most subject to CFJ are at the top for that reason. It’s the same
way that, if I call an inquiry case, I don’t want to hear an answer that
only addresses the exact technicalities of what’s going on at the moment, I
want to know the general answer too. I was applying the same principle to
criminal cases. Does my rationale make any sense?

-Aris

On Wed, Oct 24, 2018 at 7:36 PM Kerim Aydin <ke...@u.washington.edu> wrote:

>
>
> As an example, one of the easiest things to determine is whether
> something happened 14+ days ago.  However Justified, Inculpable, or
> Unaware have (historically) been more subject to CFJs.  This would
> force someone to send a case to CFJ to determine if it fit one of
> those more complicated categories before just outright saying "hey
> this is 14+ days old, who cares if it was Justified?"
>
> On Wed, 24 Oct 2018, Kerim Aydin wrote:
> > On Wed, 24 Oct 2018, Aris Merchant wrote:
> > > On Wed, Oct 24, 2018 at 6:10 PM Kerim Aydin <ke...@u.washington.edu>
> wrote:
> > > > I'm not sure about this proliferation of verdicts.  In a previous
> system,
> > > > many of your categories are actually done in the Sentencing phase.
> > > > E.g.  "Guilty/not guilty" was a finding of fact and the law, but
> there
> > > > was a [GREEN CARD EQUIVALENT] in the sentencing phase because the
> action
> > > > was Justified, or Untimely, or Unaware, etc.
> > >
> > > That's intresting. I'd like to keep the sentencing phase to the actual
> > > determination of the penalty and settle other issuenin the verdict
> phase. I
> > > think the cascading format solves any problems that putting those in
> the
> > > verdict phase might otherwise cause. Do you see any I’ve missed?
> >
> > I don't see any you've missed, but now having looked through the comments
> > I really agree with D. Margaux here.  If something fits multiple
> categories,
> > all of which end with "no punishment", I think it's error-prone and
> finicky
> > to insist that only the first one in the list is appropriate.
> >
> >
>

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